Veracity of letter implicating man and family under 498a

Sumit (Querist) 21 September 2015 This query is : Resolved
After death of anita due to shock post ante mortem burns the mother of anita has produced a letter 3years old wherein she complained of dowry harassment. In her dying declaration anita made no such claims of dowry harassment. Can the family be prosecuted solely on the basis of this letter? How can the veracity of this letter be challenged?

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Sumit (Querist) 21 September 2015
She gave three dying declarations. 1 to constable on the day she admitted. One to executive magistrate on same day. In these she absolved husband and family of any wrong doing. In one declaration a few days later to executive magistrate she blames husband anil for burning her but not due to dowry demand and out of fight. Can the family be prosecuted solely on the basis of this letter? How can the veracity of this letter be challenged?

Guest (Expert) 21 September 2015
Mr. Sumit,

Your query seems to be purely of an academic nature, not real one.

By the way, how you are concerned with Anita, her in-laws family or the mother of Anita?

K.S.Srinivas (Expert) 21 September 2015
Answer the queries raised by expert Dhingra.

Sumit (Querist) 21 September 2015
Dhingra sir,
You are right sir in your opinion that my query is academic in nature. It is a moot court problem and i am a student. All i request sir is to be pointed at the right direction.

Sumit (Querist) 21 September 2015
Would be grateful

Advocate/CS Sanjeev Kataria (Expert) 22 September 2015
dear rule position is this that the accused can be convicted solely on the basis of dying declaration if it is trustworthy.

Phaneendar B N (Expert) 23 September 2015
Dear Sumit,
The writing can definitely be questioned as per the following
1. Does the writing belonged to demised?
2. Was she literate enough to write such letter?
3. If the writing did belong to her, when did she actually write it?
4. Date significance of ink and paper used

While all these are answered, the death note shall have an evidential value. Otherwise it is still under the category of rebutable presumption which has to be justified.

Phaneendar B N
Forensic Document Expert
www.phaneendar.in

Sumit (Querist) 02 October 2015
Thank you dear experts

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